Mayor Nicol announced that any member of the public wishing to audio or video record a Council Meeting must give notice to the Borough Clerk prior to the meeting being recorded.

Mayor Nicol then opened the Work Session in compliance with the Open Public Meetings Act and recognized the Administrator who had advised Council of the need for an Executive Session during the regular meeting to discuss potential litigation.

There being no further discussion, the work session was adjourned at 7:32 pm on a motion by Councilman Nolan seconded by Councilman Garruzzo.

Following the announcement on recording devices, a moment of silent prayer, a salute to the flag and a roll call, the Minutes of the October 26th, 2015 meetings were approved on a motion by Councilman Gianforte seconded by Councilman Visceglia; all aye; no nays. Passed

A. To authorize the Mayor & Clerk to execute a Memorandum of Agreement with the Brielle Police Officer’s Association to extent the current PBA contract through December 31st, 2016. (see insertion)B. (see insertion)C. To authorize a refund, in the amount of $116.48, to Water/Sewer Account #702-0 to liquidate an outstanding credit balance.

Councilman Visceglia seconded by Councilman Gorham introduced Resolution 15-89 for Payment of Bills. Be It Resolved, that the following bills be paid, and that the Mayor or President of Council be authorized to draw orders on the Chief Finance Officer for payment of the bills of November 9th, 2015, as reviewed by the Finance Committee and as listed on the Resolution and the Computer Bill List amended thereto. Vote: Council members Garruzzo, Gianforte, Gorham, Nolan, and Shaak: all aye. No nays. Passed

Mayor Nicol announced that the time had arrived for a hearing and further consideration final reading of “AN ORDINANCE TO AMEND CHAPTER III OF THE CODE OF THE BOROUGH OF BRIELLE, ENTITLED “POLICE REGULATIONS”

Prior to opening the hearing the Attorney explained that correspondence had been received from the NJDEP that advised that the Borough’s current noise ordinance was inconsistent with state standards and not approved. In light of that determination, the current amendment to the ordinance was being tabled to permit the Borough to review this matter with the State.

Councilman Nolan asked, by way of clarification, if this delay was in order to bring the Borough Ordinance into compliance with NJDEP regulations. The Attorney replied that it was.

Councilman Gianforte asked if the Borough would have to adopt the State Model Ordinance. Mr. Montenegro responded that individual municipalities had the right to craft their own ordinance, but it had to comply with state standards.

The Chair permitted the public to comment and Richard Holmquist, 504 Green Avenue, asked for clarification of the term “controlled background music”. The Administrator stated that the intent was to permit only “controllable” music that was contained within the property line, not live music.

This comment led to a general discussion of the topic and comments were made by Margaret Herman, 208 Homestead Road, who pointed out that the Union Landing, had featured a piano player for years and there were never any noise complaints. Mr. Holmquist noted that this was an example of how even “live” entertainment could be controlled. Thomas Stuhrmann, 106 Ocean Avenue, advised Council to include a definition of the term in the ordinance glossary, but added that the term only appeared in the resolution for the River House liquor license, and despite an exhaustive search he had been unable to find a definition of the term anywhere.

Mr. Holmquist interjected that controlled entertainment within a premises was an accepted practice, but added that when government attempted to regulate exterior noise it entered a “devil’s playground”.

Attorney Montenegro also addressed a concern of Ms. Herman’s over the noise that emanated from the Waypoint 622. He reminded the public that, while a police officer responding to a noise complaint might not agree that the noise was excessive, the individual who complained could go to the Municipal Court and sign a complaint. They would then have to appear in court and make their case using witnesses or any evidence they possessed that could validate their complaint.

Mr. Holmquist did not disagree with the statement, but added that it required both time and money for the individual to pursue the matter.

James Aloi, 108 Ocean Avenue, prefaced his statement on the noise issue, with a thank you to Public Works for their provision of fill to address a drainage issue on his property, but he asked if the matter was to be finally addressed as promised through the capital improvement program. The Administrator said the project was on the 2016 schedule.

Mr. Aloi noted that the ordinance referenced “holidays”, but was not specific. What holidays were intended?

The Administrator said that a itemization could be included in the ordinance. Mr. Stuhrmann suggested “federal holidays” as appropriate.

The discussion being concluded, Councilman Shaak seconded by Councilman Garruzzo introduced Resolution 15-90 to carry the hearing until the November 23rd meeting. Vote: Council members Garruzzo, Gianforte, Gorham, Nolan, Shaak & Visceglia; all aye. No nays. Passed.

Mayor Nicol called for Committee Reports and recognized Councilman Gianforte who had no report.

Councilman Nolan advised that Biddy Basketball sign-ups were under way

Councilman Garruzzo advised the public that the police were currently investigating two attempted burglaries and one actual that occurred over the past two weeks. The attempts had failed as the homes were secured. Residents were reminded to keep all doors and windows secure and locked especially when they are away from home.

Councilman Garruzzo also reminded the public of the Police annual “Coats for Kids” drive.

Councilman Shaak reminded the public that leaf season was in progress and that brush would not be collected until leaf season was concluded. He also noted that the Public Works Yard would be closed on Wednesday, November 11th, in observance of Veteran’s Day.

Councilmen Gorham & Visceglia having no reports, the meeting was open to the public. James Stenson, 810 Rathjen Road, reported a street light that had been out on Rankin Road for a number of weeks; he asked Council to address the problem. Councilman Shaak replied that he would.

There being no further public comments, Councilman Garruzzo seconded by Councilman Shaak, introduced Resolution 15-91.

Whereas, the Open Public Meetings Act permits the exclusion of the Public from a meeting in certain circumstances; and

Whereas, the Borough Council of the Borough of Brielle is of the opinion that such circumstances currently exist. Now Therefore Be It Resolved, by the Borough Council of the Borough of Brielle, County of Monmouth, State of New Jersey, on November 9th, 2015 as follows:

1. The Public shall be excluded from discussion of and action upon the hereinafter specified subject matters.

2. The general nature of the subject matter to be discussed is as follows: “Potential Litigation”.

3. It is anticipated at this time that the above stated subject matters will be made public when the need for confidentiality no longer exists.

The Executive Session began at 755: p.m. and ended at 8:20 p.m. The session was adjourned on a motion by Councilman Garruzzo, seconded by Councilman Nolan.

There being no further comments, the meeting was adjourned at 8:29 pm on a motion by Councilman Shaak seconded by Councilman Visceglia.

Approved: November 23rd, 2015

_____________________Thomas F. NolanMunicipal Clerk

Resolution No: 15-88-BDate: November 9th, 2015

RESOLUTION OF THE BOROUGH OF BRIELLE

WHEREAS, NJSA:40A58 PROVIDES FOR MAKING TRANSFERS BETWEEN 2015 BUDGET APPROPRIATION ACCOUNTS DURING THE MONTHS OF NOVEMBER & DECEMBER, AND

WHEREAS, IT HAS BECOME NECESSARY AT THIS TIME TO EXPEND FUNDS IN EXCESS OF THE SUMS APROPRIATED FOR THE PURPOSES SPECIFIED IN THE 2015 BUDGET, AND

WHEREAS, THE GOVERNING BODY MAY, BY RESOLUTION, TRANSFER AN EXISTING EXCESS TO AN APPROPRIATION DEEMED INSUFFICIENT.

NOW THEREFORE BE IT RESOLVED, (NO LESS THAN 2/3 OF THE FULL MEMBERSHIP OF THE GOVERNING BODY AFFIRMATIVELY CONFIRMING), THAT THE FOLLOWING TRANSFERS BE MADE BETWEEN APPROPRIATION ACCOUNTS IN THE 2015 BUDGET: